Section 3 

1. What are the kinds of obligation according to object? Define each.  

 Kinds of obligation according to object:
1.) Simple obligation. - one where there is only one
(1)Prestation.
2.) Compound obligation. - one where there are two
(2) or more prestations. It may be:
a.) Conjunctive obligation. -one where there are several prestations is due;
or
b.) Distributive obligation. - one where two (2) or more of the prestations
is
due. It may be:
1.) Alternative obligation.- one where several prestations are due but
the performance of one is sufficient (Art. 1199.); or
2.) Facultative obligation.- one where only one prestation is due but
the debtor may substitute another. (Art. 1206.)

2. Who has the right of choice in alternative obligations?

 The right of choice belongs to the debtor, unless it has been expressly granted to
the creditor. ( Art. 1200)
3. What are the prestations that the debtor cannot choose? 
 The debtor shall have no right to choose those prestations which are impossible,
unlawful or which could not have been the object of the obligation. (Art. 1132)
4. What is the effect if only one prestation is practicable in an alternative obligation?
 The obligation is still alternative because the debtor has still the right of choice. If
only one is practicable (e.g., the others have become impossible), the obligation is
converted into a simple one.
5. B promised C a sack of rice, a sack of sugar, or a house. Can B fulfil his obligation to C by
giving 1/3 sack of rice, 1/3 sack of sugar, and whatever part of the house on which will be
equivalent to 1/3 of its value? 

6. What is the effect of the alternative obligation if the debtor communicates his choice
of prestation to the creditor? 
 When the choice has been expressly given to the creditor, the obligation shall
cease to be alternative from the day when the selection has been communicated
to the debtor. (Art. 1205)
7. What is the debtor’s option if through the creditor’s acts, the debtor cannot make a choice
according to the terms of the obligation? 
 If through the creditor’s acts, the debtor cannot make a choice according to the
terms of the obligation, the latter may rescind the contract with damages. (Art.
1203)
8. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B,
all his rice and sugar is burnt when the house was burnt by a fortuitous event?
 (Article 1205 number 1) If one of the things is lost through a fortuitous event, he
shall perform the obligation by delivering that which the creditor should choose
from among the remainder, or that which remains if only one subsists.
9. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B,
all his rice and sugar is burnt by B? 
 (Article 1205 number 3) If all the things are lost through the fault of debtor, the
choice by the creditor shall fall upon the price of any one of them, also with
indemnity for damages.
10. B promised C a specific ring, a specific horse or B’s only house. What happens if the house
is destroyed by a typhoon which as a result the specific ring that was inside of it and was
likewise lost? 
 (Article 1205 number 1) If one of the things is lost through a fortuitous event, he
shall perform the obligation by delivering that which the creditor should choose
from among the remainder, or that which remains if only one subsists.
11. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring
and the house is lost through the negligence of B? 
 (Article 1205 number 2 ) If the loss of one of the things occurs through the fault of
the debtor, the creditor may claim any of those subsisting, or the price of that
which, through the fault of the former, has disappeared, with a right to damages.

12. B promised C a specific ring, a specific horse or B’s only house. What is the effect if a

typhoon destroyed the house and the ring and killed the horse? 
  (Article 1205 number 1) If one of the things is lost through a fortuitous event, he
shall perform the obligation by delivering that which the creditor should choose
from among the remainder, or that which remains if only one subsists.

13. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring,
the horse and the house is lost through the negligence of B? 
 (Article 1205 number 3) If all the things are lost through the fault of debtor, the
choice by the creditor shall fall upon the price of any one of them, also with
indemnity for damages
14. B promised C a specific ring, a specific horse or B’s only house. What is the effect if a
typhoon destroyed the house and killed the horse and as a result made B depressed and
later threw away the ring?
 B cannot be held responsible for the loss of the items one and two through his fault
because, having the right of choice, he was not bound to deliver either. The rule is
just since B would have been liable for damages if item three instead was lost
through his fault, and items one and two, through a fortuitous event.
15. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring
and the horse is lost through the negligence of B but later a typhoon destroyed the house
of B?
 If the item three is lost without the fault of B; his obligation is extinguished and he
shall not be liable for damages although the loss of item one and two was due to
his fault. The reason is that after the loss of the items one and two, the obligation is
converted into a simple one to deliver item three.(Art.1202)
16. What is the basis of indemnity in case of loss of the objects of the obligation?
 The indemnity shall fixed taking as a basis the value of the last thing which
disappeared (referring to obligations to give) or that of the service which last
became impossible (referring to obligations to do). In case of disagreement, it is
incumbent upon the creditor to prove such value or which thing last disappeared
or which service last became impossible.
17. Is the creditor allowed to choose which prestation should be fulfilled?

18. What is the effect if the creditor communicated his option to the debtor?
19. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B,
all his rice and sugar is burnt when the house was burnt by a fortuitous event? (the choice
expressly given to C)
20. B promised C a sack of rice, a sack of sugar, or a house. What happens if in the house of B,
all his rice and sugar is burnt by B?  (the choice expressly given to C)
21. B promised C a specific ring, a specific horse or B’s only house. What happens if the house
is destroyed by a typhoon which as a result the specific ring that was inside of it and was
likewise lost?  (the choice expressly given to C)
22. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring
and the house is lost through the negligence of B?  (the choice expressly given to C)
23. B promised C a specific ring, a specific horse or B’s only house. What is the effect if a
typhoon destroyed the house and the ring and killed the horse?  (the choice expressly
given to C)
24. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring,
the horse and the house is lost through the negligence of B?  (the choice expressly given to
C)
25. B promised C a specific ring, a specific horse or B’s only house. What is the effect if a
typhoon destroyed the house and killed the horse and as a result made B depressed and
later threw away the ring? (the choice expressly given to C)
26. B promised C a specific ring, a specific horse or B’s only house. What is the effect if the ring
and the horse is lost through the negligence of B but later a typhoon destroyed the house
of B? (the choice expressly given to C)
27. What is the basis of indemnity in case of loss of the objects of the obligation?
 The indemnity shall fixed taking as a basis the value of the last thing which
disappeared (referring to obligations to give) or that of the service which last
became impossible (referring to obligations to do). In case of disagreement, it is
incumbent upon the creditor to prove such value or which thing last disappeared
or which service last became impossible

28. Is the creditor allowed to choose which prestation should be fulfilled?

29. What is the effect if the creditor communicated his option to the debtor?
30. What is a facultative obligation?
 A facultative obligation is one where only one prestation has been agreed upon but
the obligor may render another substitution.
31. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B destroyed the Ferrari. What is the effect of this transaction?
  Item one is lost through the fault of B – B is liable for damages. Only the Ferrari is
due.
32. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B destroyed the Lamborghini. What is the effect of this transaction?
 Item two is lost with or without the fault of B – B is liable to deliver item one which
is the Ferrari (Article 1165); he is not liable for damage for the loss of item two as it
is not due.
33. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B communicated to C that he will give the Lamborghini. After the
communication B destroyed the Ferrari. What is the effect of this transaction?
 Item one is lost with or without the fault of B – B is not liable for its loss since his
obligation is to deliver item two which is the Lamborghini.
34. B promised C to give him his only Ferrari Car or as a substitute B may also give C his only
Lamborghini. Later B communicated to C that he will give the Lamborghini. After the
communication B destroyed the Lamborghini. What is the effect of this transaction?
 Item two which is the Lamborghini is lost through the fault of B – B is liable for
damages.
35. Distinguish Facultative and Alternative obligations.
 The differences of Alternative and Facultative obligations are as follows:
1.) Number of prestations.- In the first, several prestations are due but compliance
with one of sufficient, while in second, only one prestation is due although the
debtor is allowed to substitute;
2.) Right of choice.- In the first, the right of choice may be given to the creditor or
third person, while in the second, the right to make the substitution is given
only to debtor;
3.) Loss through a fortuitous event.- In the first, the loss of one or more of the
alternatives through the fortuitous event does not extinguish the obligation,
while in the second the loss of the thing due extinguishes the obligations; and
4.) Loss through fault of debtor.-
a.) In the first, the loss of one of the alternatives through the fault of the
debtor does not render him liable, while in the second the loss of the thing
due through his fault makes him liable.
b.) In the first, where the choice belongs to the creditors, the loss of one
alternative through the fault of the debtor does not render him liable ,
 while in the second, the loss of the thing due through his fault makes him
liable.
36. B promised C a specific ring, a specific horse and B’s only house. What is the effect if the
ring and the horse is lost through the negligence of B but later a typhoon destroyed the
house of B?
 If the item three is lost without the fault of B; his obligation is extinguished and he
shall not be liable for damages although the loss of item one and two was due to
his fault. The reason is that after the loss of the items one and two, the obligation is
converted into a simple one to deliver item three.(Art.1202)